30 May 2013 - ICTY

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conversation between Arkan and one of the soldiers, or Stričević, with Arkan saying that they
were waiting for “orders from Belgrade”. 3577
1786. In its Final Trial Brief, the Prosecution bases its argument that Stanišić directed the
involvement of the SDG in the SAO SBWS in 1991-1992 on one key premise: that there
existed a relationship between Stanišić and Arkan, with Stanišić being in control of Arkan. 3578
In relation to Simatović’s involvement in SDG operations in 1991, the Prosecution submits
that he went to Erdut on multiple occasions in autumn 1991, and that Simatović met with
Arkan, Badža, Vasković and others in Erdut for discussions. Further, the Prosecution submits
that at the beginning of November 1991, before the fall of Vukovar, Simatović returned to
Erdut for a meeting with JNA personnel and commanders. 3579 The Trial Chamber notes,
however, that the sole basis for this submission is the evidence of Milomir Kovačević. The
Stanišić Defence dispute the credibility of Milomir Kovačević in relation to certain parts of
his testimony, whilst relying upon his evidence in other respects. 3580 The Trial Chamber has
assessed this witness’s evidence in chapter 2 and has deemed it unreliable. 3581 The Trial
Chamber therefore places no weight on this witness’s testimony and will not consider his
evidence further.
1787. Furthermore, the Prosecution also relies on the evidence of Witness JF-030. 3582 The
Trial Chamber recalls its decision to admit into evidence the witness’s previous inconsistent
statements on matters relevant to this case for the truth of their content. 3583 Further, the Trial
Chamber recalls its emphasis at the time that in relation to such statements, it would
cautiously assess their probative value in light of the evidence as a whole. 3584 The witness
often provided general statements without providing any factual basis. Where he did provide a
factual basis for his assertions, for example in relation to concluding DB affiliation on the
basis of certain weaponry or the fact that people crossed the border, the Trial Chamber
considered these conclusions unconvincing. In this respect, and in light of the totality of the
evidence, the majority, Judge Picard dissenting, finds that it cannot place much weight on the
witness’s evidence on matters related to the link between Arkan and the Serbian DB.
3577 Witness C-1118, T. 1999-2000; P25 (Witness C-1118, witness statement, 25 April 2007), para. 9. See further
chapter 3.2.6.
3578 Prosecution Final Trial Brief, 14 December 2012, para. 655.
3579 Prosecution Final Trial Brief, 14 December 2012, para. 318.
3580 Stanišić Defence Final Trial Brief, 17 December 2012, paras 440, 442.
3581 See Chapter 2.
3582 See Chapter 2.
3583 See T. 13136.
3584 T. 13137.
Case No. IT-03-69-T 629
30 May 2013